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(영문) 서울서부지방법원 2019.07.10 2019고단1350
강제추행
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

피고인은 2019. 2. 3. 01:45경 서울 마포구 B 소재 C 클럽에서 피고인의 앞을 지나가던 피해자 D(여, 21세)의 엉덩이를 손으로 1회 만지고, 같은 날 01:55경 피고인의 앞을 지나가는 피해자 E(가명, 여, 26세)의 엉덩이와 허벅지 사이를 손으로 움켜쥔 후, 다시 피해자 D이 있는 곳으로 걸어가 피해자 D의 엉덩이를 손으로 톡톡 쳐 피해자들을 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Police statements of D;

1. Application of the Act on Investigation Report (C'C's CCTV re-investigation of video images)

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning criminal facts and the choice of fines;

1. The main sentence of Article 70 (1) and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order under Article 69 (2) of the Criminal Act

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the provisional payment order shall be determined as ordered in consideration of the following circumstances and other various sentencing conditions, including the defendant’s age, character and conduct, and environment.

A favorable circumstances: The defendant is against his will to recognize his own crime.

There is no criminal power against the defendant.

The defendant paid 5 million won to the victim E around June 2019.

Unfavorable circumstances: The victim is two victims, and the part or degree of indecent act is not easy.

When a conviction on indecent acts by compulsion in the judgment on a sex offense subject to registration becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the head of the relevant agency pursuant to Article 4

An order of disclosure and notification, the age, occupation, risk of recidivism, details and circumstances of the crime, method and seriousness of the crime, criminal records, disclosure order and notification order of the defendant exempted from the employment restriction order.

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